Ravindra Maithani, J
1. Applicant is in judicial custody in FIR No.224 of 2024, under Sections 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station Transit Camp, District Udham Singh Nagar.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, on 29.08.2024, 35.34 grams Smack was allegedly recovered from the possession of the applicant.
4. It is the case of the applicant that the alleged recovered quantity is less than commercial; nothing was recovered from the applicant; there has been non-compliance of the provisions of the Act; he is not a previous convict.
5. Learned State Counsel would submit that the bail rejection order does not reveal any previous conviction of the applicant.
6. Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.
7. The bail application is allowed.
8. Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.
